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Bans on court use of sharia/international law: Michigan becomes 22nd state to consider, Texas House tries again to get Senate to adopt

With Alabama, Iowa, and North Carolina all set to adjourn in June, it looked as if there would not be any additional sharia/international law bans introduced or debated in 2011. However, in mid-June Michigan introduced a bill (HB 4769) co-sponsored by 42 of 63 Michigan House Republicans that copied much of the language from the versions introduced in Iowa, Kansas, Maine, Missouri, South Dakota, and West Virginia, in particular the use of the term “informal tribunals” or “informal administrative body” in all of these versions, something that does not appear in the others.

Meanwhile, Texas in its special session reintroduced one of theirs from the regular session. I went into the details of the legislative machinations in May in Texas in my last update. In sum, the ban was limited to family law/Family Code cases by a House committee (HB 911), was added onto the “losers pays” tort reform bill at the last minute on the House floor (Amendment #6 to HB 274), and stripped out by a Senate committee.

June proved to be a repeat of May’s efforts. The original HB 79A, a bill for the implementation of the judiciary budget, did not include the ban. Instead, it was again floor amended in (Amendment #12), over the objections of a least one member of the House who attempted to have the amendment ruled not germane to the bill. The amendment was ruled germane and adopted on a 105-29-2 vote. Once again, a Senate committee (this time the Jurisprudence Committee) stripped the provision out and the bill was sent to the governor without the ban on June 29.

Full roster of 49 bills introduced in 2011 in 22 states and their statuses after the jump.

Provides “the courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”

Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”

Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”

Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.

Provides Alabama courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”

Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.

Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution.

Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Died in House Finance Committee when legislature adjourned.

Defines “foreign law” as “any law, rule or legal code or system other than the constitution, laws and ratified treaties of the united states and the territories of the united states, or the constitution and laws of this state….a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the united states or conflict with the laws of the united states or of this state.”

Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary.

Approved by House Judiciary Committee 2/17/11. Died in House Rules Committee when legislature adjourned.

Provides state’s courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the state legislature or duly ratified as a treaty by the Senate of the United States. Provides state courts shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures.

Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.

(Placeholder bill) Declares “The purpose of this Senate Joint Resolution is to amend the Arkansas Constitution concerning the application of foreign laws, legal codes, or systems for the purpose of protecting rights and privileges granted under the United States Constitution and the Arkansas Constitution.”

Died in Senate Committee on State Agencies and Governmental Affairs when legislature adjourned.

Prohibits any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Arkansas Constitution

Defines term “foreign law, legal code, or system”; specifies public policy of this state in applying choice of foreign law, legal code, or system. Declares that certain decisions rendered under such laws, codes, or systems are void.

Specifies the public policy of this state in applying the choice of a foreign law, legal code, or system under certain circumstances. Declares that certain decisions rendered under such laws, codes, or systems are void.

Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.”

Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.”

Died in House Committee on Judiciary Non-Civil when legislature adjourned.

Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States

Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.

Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.

Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.

Approved by full Senate 2/17/11. Died in House Committee on Judiciary when legislature adjourned.

Provides a court may not enforce a law, rule, or legal code or system established and either used or applied in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States if doing so would violate a right guaranteed by this constitution or the Constitution of the United States.

Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.”

Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.”

Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.”

Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.”

Approved by full House 3/30/11. Died in Senate Committee on Judiciary when legislature adjourned.

Provides “”foreign law, legal code or system” means any law, legal code or legal system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, that is applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals…The primary factor that a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law must consider in granting comity to a decision rendered under a foreign law, legal code or legal system against a natural person in this State is whether the decision rendered either violated or would violate any right of the natural person in this State guaranteed by the Constitution of Maine or the United States Constitution or any statute or decision under those constitutions.”

Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.”

Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.”

Provides any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and shall be void and unenforceable if such court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of this state and the United States.

Approved by full House 4/20/11. Died on House Informal Calendar when legislature adjourned.

Defines “foreign law” as “any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.”

Provides state courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts, including but not limited to cases of first impression.”

Defines “”foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions.”

Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 4/28/11. Died on Senate floor when legislature adjourned.

Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska.

Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.”

Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.”

Died in House Committee on Judiciary Subcommittee C when legislature adjourned.

Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.

Approved by full House 3/17/11. Died in Senate Rules Committee when legislature adjourned.

Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”

Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”

Provides no South Dakota state court may apply international law, the law of any foreign nation, or any foreign religious or moral code with the force of law in the adjudication of any case under its jurisdiction.

Declares “foreign law, legal code, or system, means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and the State of South Dakota.”

AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”

Approved as amended by full House 5/10/11. 4/18/11. Removed by Senate State Affairs Committee 5/23/11.

AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”

Approved as amended by House Committee on Judiciary & Civil Jurisprudence 4/18/11. Died in House Calendars Committee when legislature adjourned.

Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”

Declares “”foreign or international law or doctrine” means a law, rule, legal code, or principle of a jurisdiction outside of the states and territories of the United States, including international law, that is not codified or recognized by this state or the United States…A court, arbitrator, or administrative adjudicator may not base a ruling or decision on a foreign or international law or doctrine; or a prior ruling or decision that was based on a foreign or international law or doctrine.”

Approved by House Select Committee on State Sovereignty 5/10/11. Died in House Calendars Committee when legislature adjourned.

Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”.

Died in House Committee on Judiciary & Civil Jurisprudence when legislature adjourned.

Provides “A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.”

AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”

Approved as amended by full House 6/22/11. Removed by Senate Jurisprudence Committee 6/27/11.

Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.”

Prohibits court use of sharia law. Prohibits Wyoming courts from referencing law of other U.S. states if law of the other state does include sharia law. Requires Wyoming courts uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, and established common law as specified by legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, without limitation, international law and Sharia law.